Resolution-PC 99-111RESOLIlTION NO. PC99-111
A RESOLUTION OF THE ANAHEIM CI7Y PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4127 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State
of California, described as:
PARCEL 1, IN THE CiTY OF ANAHEIM, AS SHOWN ON A MAP FILED IN
BOOK 2, PAGE 44, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 21, 1999 at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipai Code, Chapter 18.03, ta
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offPred at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a cond~tional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.135 and 18.01.040 to permit the subdivision of existing floor
area in a commercial/office center to create 9 additionai tenant spaces, for a total of 35 tenant spaces.
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and generai welfare because the on-site parkiro~ is in excess of Code requirements
4. That the traffic generated by the F~roposed use will not impose an undue burden upon the
streets and highways designed and improved to ca~ ;~ the traffic in the area.
5. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the Ciry of Anaheim.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL C~UALITY ACT FINDING: The Planning Director's
authorized representative has determ(ned that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR) Guidelines
and is, ~herefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit No. 4127, upon the following conditions
which are hereby found to be a necessary prerequfsite to the proposed use of the subJect property fn
order to preserve the safery and general wplfare of the Citizens of the Ciry of Anaheim:
1. That the commercial center shall be limited to thirty five (35) units, as stipulated to by the petitioner,
unless a separate Future application for add(tional units is granted.
CR3666PK.DOC -1- PC99-111
2. That this commprcial center shall comply with all sign(ng requirements of the CL(SC) "Commercial,
Limited- Scenic Conidor Overlay" Zone,
3. That the parking lot shall be re-striped to widen the "compact" parking spaces. Pians shail be
submitted to the City Traffic and Transportation Manager for review and approvai. Subject property
shall thereupon be developed and maintained in conformance with said plans.
4. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2; and as conditioned herein.
5. That prior to issuance of a buildfng permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Conditior, Nos. 3 and 8, herein-mentioned, shall be complied
with. Extensions fo~ further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
6. That prior to final building and zoning ir.spections, Conr~ition No. 4, above-mentioned, shall be
complied with.
7. That approval of thfs application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and
Federal regulaticns. Approval does not fnclude any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requ(rement.
8. That the owner of subject property shall submit a letter to the Zonfng D(vision requesting termination
of Conditional Use Permit No. 3343 ( permitting a 5,290 sq.ft. gourmet market with take-out
prepared food and with waiver of minimum number of parking spaces).
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
flnd and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and ail of the conditions herelnabove set forth. Should an,y such condition, or any part thereof,
be declared invalid or unenforceabie by the final judgment of any cc~tirt of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed~l and void.
THE FOREGOING RESOLUTIO~s~ / ed e '~g Commission meeting of
June 21, 1999. \ I y
ATTcST:
SECRETARY, ANAH M CITY pLqNNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 21, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this l9~ day of
_ li~~~ 1999.
.~fCr~~2~ S'~i~~n~
SECRETARY, At~HEIM CITY PLANNING COMMISSION
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